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Legal Monitor - Issue 38
Zimbabwe Lawyers for Human Rights (ZLHR)
March 29, 2010

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Maya charged with sedition

Police have charged former presidential candidate Shakespeare Maya with sedition in a renewed but belated crackdown against perceived political opponents.

Maya, the losing candidate in the 2002 violent presidential election, was arrested last Tuesday at his Chegutu farm and charged with sedition for an offence allegedly committed five years ago. The police allege that Maya, who joined Prime Minister Morgan Tsvangirai's Movement for Democratic Change (MDC) party in 2005, committed sedition by stirring up 800 MDC supporters to rebel against President Robert Mugabe's previous administration at a rally he addressed at Huruyadzo Shopping Centre in the volatile high density suburb of Chitungwiza on 8 May 2005.

Sedition is defined as the crime of "inciting by words or writings disaffection towards the State or constituted authority". Sedition complements treason and martial law.

The police allege that the former presidential candidate incited the MDC supporters to rebel against the government by informing them of the avenues available to oust President Mugabe's administration from power.

"Accused . . . stated that there were three ways through which the people can remove the ZANU PF Government from power, thus through the ballot box, through natural demise/ death and lastly through a coup d'état," reads part of the police charge sheet made available to The Legal Monitor.

Maya is also accused of promoting violence after he refused to concede defeat in the 2005 parliamentary elections which he contested on an MDC ticket against ZANU PF's Sylvester Nguni, who won the election with 13 966 votes against Maya's 4 015.

The police say Maya allegedly told the MDC supporters that "he did not lose the Mhondoro seat to the ZANU PF candidate in the March 2005 parliamentary elections but that ZANU PF had stolen the election."

Maya is also accused of inciting the MDC supporters to demonstrate against the then

Minister of Public Works and National Housing, Ignatius Chombo, who he accused of blocking development in local councils by refusing to approve proposed budgets. The police further allege that the presidential aspirant also threatened to lead the MDC supporters to dump sewage at Chombo's residence in protest against his refusal to approve council budgets.

The former opposition leader, who denies the charges, was freed last Thursday after paying $100 in bail money. As part of his reporting conditions Maya will report once every week to Chegutu police station, continue to reside at his Chegutu farm, and not interfere with witnesses until the matter is finalised.

Maya was one of four candidates, including MDC leader Tsvangirai, independent candidate Paul Siwela and ZANU Ndonga's Wilson Kumbula who in 2000 challenged the incumbent, President Mugabe.

The election result was condemned by the European Union and other western governments who responded by imposing targeted travel and economic sanctions against the former freedom fighter and his allies.

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